Vijay Kumar @ Rahul vs State on 23 September, 2020

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Delhi High Court - Orders

Vijay Kumar @ Rahul vs State on 23 September, 2020

Bench: Yogesh Khanna

                                $~12
                                *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +    CRL.A. 1215/2019
                                     VIJAY KUMAR @ RAHUL                                ..... Appellant
                                                       Through : Mr.Harshil Gupta, Advocate.
                                                       versus
                                     STATE                                            ..... Respondent
                                                       Through : Mr.Amit Ahlawat, APP for State.
                                     CORAM:
                                     HON'BLE MR. JUSTICE YOGESH KHANNA
                                                       ORDER

                                %                      23.09.2020
                                Crl.M.(Bail).No.7876/2020

1. The hearing has been conducted through Video Conferencing.

2. The applicant seeks interim bail on his medical grounds as he is suffering with Hepatitis B. The medical report dated 10.09.2020 of the jail authorities have been received and it interalia notes:-

"The inmate was admitted in Central Jail Hospital, Central Jail No. 03, Tihar on 16.05.2020 as a case of Pyrexia (fever) of Unknown Origin. He was found to be Hepatitis B Sero-positive in routine investigations. The viral load in his serum was low (less than 50 Hepatitis B Virus DNA copies/ml). His Anti-Tubercular Treatment (ATT) under DOTS Category-I was started empirically on 19.05.2020 based on clinical judgment. However, tuberculosis was not detected in his Sputum for Acid-Fast Bacilli (M. tuberculosis) Test and Sputum CBNAATTest. He was discharged from jail hospital in stable condition on 05.06.2020.

At present, the inmate is a known case of Hepatitis-B Sero-positive Status for which he is being regularly followed-up in jail dispensary. He is also being provided empirical Anti-Tubercular Treatment (ATT) under DOTS Category-I since 19.05.2020 from jail dispensary, the full course of which is for total six months."

3. The learned APP for the State though submits regular medicines are being provided to the petitioner, but since the petitioner is a known case of Hepatitis B and is taking Anti Tubercular Treatment, hence is more prone to the infection during this pandemic situation, thus it would be appropriate if the petitioner is granted interim bail for two months.

Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:23.09.2020 15:04

4. In the circumstances, the accused/petitioner is hereby granted interim bail for a period of two months from the date of his release on executing a personal bond of Rs.20,000/- to the satisfaction of the Jail Superintendent/Duty MM. The surety of the like amount shall be furnished by the petitioner within a week of the learned Trial Court resuming its normal functioning. However, if the period of interim bail expires before the learned Trial Court starts/resumes its normal functioning and the applicant surrenders, then there shall be no need to furnish the surety before it. The petitioner is also directed to provide his contact number/address to the SHO of police station Pahar Ganj, Delhi as also he shall keep open his location application in his mobile at all time.

5. The application stands disposed of in above terms.

6. Copy of this order be sent electronically to the learned Trial Court / Jail Superintendent for compliance.

YOGESH KHANNA, J.

SEPTEMBER 23, 2020 M Signature Not Verified Digitally Signed By:KAPIL SHARMA Signing Date:23.09.2020 15:04

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Delhi High Court - Orders